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TERMS AND CONDITIONS OF USE
We have written this document to establish the terms and conditions of use (“Terms”) applicable to the use of the website (“Site”) and the purchase of products by our customers. These Terms apply to the relationship between you (“User”) and Bothanica Mineral (“BM”) when purchasing our products through the website.
If you still have any questions after reading the Terms, you can contact us at alo@bothanicamineral.com.br and we will be happy to answer your questions.
Please review the Terms carefully before purchasing our products and using the site. We need you to read everything carefully and, to make your reading easier, we have prepared this summary that will take you straight to the subjects of your greatest interest. By accessing, browsing or accepting the Terms, when this option is available, you certify that: (i) you have read, understood and agree with the Terms; (ii) meets the general conditions for purchasing our products and using our services, as described in these Terms; and (iii) accept and agree to be bound by these Terms, as well as other terms that may be applicable and which are incorporated by reference.
The User's acceptance creates a contractual relationship between the User and BM. You acknowledge that you are and will always be free to use or not use our services and purchase our products.
summary
1. SERVICE
2. ELIGIBILITY
3. REGISTRATION AND ACCOUNT REGISTRATION
4. DATA CAPTURE AND PRIVACY
5. INTELLECTUAL PROPERTY
6. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES
7. RULES FOR SHIPPING, RECEIPT AND RETURN OF PRODUCTS
8. CANCELLATIONS
9. NETWORK AND DEVICES ACCESS
10. PAYMENT
11. JURISDICTION
1. SERVICE
This Site is the exclusive property and ownership of AMAZÔNIA BRASILEIRA COMÉRCIO DE COSMÉTICOS, COSMECÊUTICOS E NUTRACÊUTICOS, a private company, duly registered with the CNPJ/MF under nº 09.445.018/0001-71, headquartered at Avenida Vereador José Diniz, nº 1370, Santo Amaro, São Paulo/SP, CEP: 04604-001.
The purpose of the Site is to sell cosmetics, cosmeceuticals and nutraceuticals that have the Bothanica Mineral trademark.
Nothing stated or posted on the Site should be considered or interpreted as medical advice. All information on the Site is provided for informational purposes only. This Site should not be used as a substitute for professional advice or help. You should seek the advice of a physician or other qualified healthcare professional if you have any questions about your medical needs and/or use of our products.
2. ELIGIBILITY
We only allow Users who are at least 18 (eighteen) years of age or the age of majority in their respective country to use our Site and purchase our products. Persons who do not meet these conditions (“Minor(s)”) must not access our Site.
If you are considered a minor, you may only use our Site and purchase our products with the consent of your parent or legal guardian. Your parents or legal guardians, from the time they allow you to use the Site, will be responsible for your use of the Site and your acceptance of these Terms. If you are a Minor, do not access our Site or attempt to purchase our products.
3. REGISTRATION AND ACCOUNT REGISTRATION
To purchase our products you must register on the Site and create a user account (“Account”). The registration will only be confirmed if you, the User, fill in all the mandatory fields, with exact, accurate and true information. You declare and undertake to update the data entered in your registration (“Personal Data”) whenever necessary.
Registering an Account requires the provision of certain Personal Data to BM, such as: name, physical address, telephone number and e-mail address.
The User guarantees and is liable, in any case, civilly and criminally, for the veracity, accuracy and authenticity of the Personal Data registered.
BM may request additional data, as well as copies of documents to check the veracity, accuracy and authenticity of the Personal Data, reserving the right to refuse any registration request and/or to warn the User, suspend or cancel a previously accepted registration, which is or will be in disagreement with the legislation in force or with these Terms, without prejudice to other applicable measures.
You will access your Account via e-mail (login) and password and undertake not to inform third parties of this data, being fully responsible for the use made of them. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. BM, nor any of its employees or agents, will request, by any means, physical or electronic, that your password be informed.
3. REGISTRATION AND ACCOUNT REGISTRATION
To purchase our products you must register on the Site and create a user account (“Account”). The registration will only be confirmed if you, the User, fill in all the mandatory fields, with exact, accurate and true information. You declare and undertake to update the data entered in your registration (“Personal Data”) whenever necessary.
Registering an Account requires the provision of certain Personal Data to BM, such as: name, physical address, telephone number and e-mail address.
The User guarantees and is liable, in any case, civilly and criminally, for the veracity, accuracy and authenticity of the Personal Data registered.
BM may request additional data, as well as copies of documents to check the veracity, accuracy and authenticity of the Personal Data, reserving the right to refuse any registration request and/or to warn the User, suspend or cancel a previously accepted registration, which is or will be in disagreement with the legislation in force or with these Terms, without prejudice to other applicable measures.
You will access your Account via e-mail (login) and password and undertake not to inform third parties of this data, being fully responsible for the use made of them. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. BM, nor any of its employees or agents, will request, by any means, physical or electronic, that your password be informed.
It is your sole responsibility to: (i) maintain the confidentiality of your account identification and password; (ii) update and revise your account frequently; (iii) keep your electronic devices secure, for example by using antivirus and firewall tools; and (iv) promptly notify BM of any unauthorized use of your account or any breach of security. You are responsible for all activities that take place under your account and BM will not be liable for any loss or damage resulting from your failure to comply with your obligations hereunder.
4. DATA CAPTURE AND PRIVACY
The full BM Privacy Policy can be accessed here. A summary of the main points will be made available below, but this summary does not exempt the User from reading the Privacy Policies in full.
Main points of the Privacy Policies:
- INFORMATION COLLECTED BY BM: In order to register users on the Site, BM collects registration data (eg name, physical address, telephone number and e-mail).
In addition, BM may collect location data; user profile data; and data from the electronic device used to access the Site.
- DATA SHARING WITH THIRD PARTIES: Except in the cases specified in the Privacy Policies, BM does not share your Personal Data with third parties. In these cases, whenever the protection of information depends on BM, the company undertakes to use its best efforts to keep your data in full security.
- PROTECTION AND SECURITY: BM uses the most modern information security systems in all systems and devices, which includes the use of technological tools such as encryption, access controls, firewalls, account creation and access records, among others. .
In the event of any incident relating to your Personal Data, BM will notify you and the competent authorities within a reasonable period of time with all the necessary information.
- RIGHTS OF PERSONAL DATA HOLDERS: Our Privacy Policies provide for all the rights legally guaranteed to the Users whose data are processed by BM. Access the document to obtain all the information in this regard.
- MAINTENANCE AND DELETION OF PERSONAL DATA: BM will keep your information as long as the respective Account is maintained on the platform. At any time, you may request the deletion of your Account and your Personal Data directly through BM's communication channels.
Even in the face of a request to delete data, BM may keep some information with you, in accordance with current legislation, such as to ensure product traceability or to comply with a legal or regulatory obligation. In such cases, your Personal Data will not be used for any other purpose.
- UPDATE OF PRIVACY POLICIES: BM will send you a notice whenever it makes any kind of update and/or change in the Privacy Policies and, if your consent is required, we will request it immediately. You acknowledge that acceptance of these Terms will be recorded in our database and may be used as proof of acceptance, regardless of any other formality.
5. INTELLECTUAL PROPERTY
All materials displayed or made available on the Site, including, without limitation, text, graphics, sounds and audios, documents, videos, artwork, software, trademarks, logos and HTML code ("Material") are the exclusive property of BM or of its content providers, who reserve all their intellectual property rights to themselves. The Materials are protected by copyright, intellectual property, and other applicable Brazilian, US, and international intellectual property laws, regulations, and rules.
Accordingly, unless BM expressly agrees, you acknowledge and agree that your use of the Site does not grant you any ownership, licensing, display, modification, reproduction, downloading, creation, distribution, transmission, storage, or any other rights relating to the Material. Unauthorized use of any content in this Material will give rise to all appropriate legal action.
6. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES
The User's obligations, among others provided for in these Terms, are:
I - Provide, in the registration process, true and complete data about your person, always keeping them updated;
II - Ensure the security and confidentiality of the login and access password, of a personal and non-transferable nature, and you are solely and exclusively responsible for its use and custody, assuming all the burdens and responsibilities arising from your acts and conduct, responding, also, for the acts that third parties practice on their behalf, through the use of their login and access password;
III – Not to violate BM's intellectual property rights;
IV – Do not incorporate malware (malicious and malicious computer code or program, which may cause damage, alteration or theft of information), and the use of any device, software or other resource that may interfere with activities and operations is not allowed. of the BM, as well as in the accounts or database. Any intrusion, attempt or activity that violates or goes against the laws of intellectual property law and/or the prohibitions stipulated in these Terms will make the responsible liable for the relevant legal actions, as well as the sanctions provided herein, being also responsible for indemnities for any damages caused. ;
V - Defend, indemnify and hold harmless BM, its affiliates, licensors and service providers and their respective agents against claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or related to your breach of these Terms or misuse of the Site.
The following are BM's obligations, among others provided for in this instrument:
I – Provide access for Users to the Restricted Area, by providing a login and password, if the User's registration data and profile are approved;
II - Make available all the necessary information and tools so that the User can access the features of the Site;
III – Send the products purchased through the Site to the User at the address provided by the User at the time of registration;
IV - Provide the User with an Invoice in the exact values of the purchased products, duly described;
BM is not responsible for any damages or losses resulting from the total or partial unavailability of the Site, as a result of:
I - technical and/or operational maintenance;
II - Interruption or suspension of services provided by companies that provide Internet access;
III - Acts of God or force majeure events, including, but not limited to, power outages, malware attacks and third-party actions that prevent its availability, such as the removal of the Site by the respective platform controller.
7. RULES FOR SHIPPING, RECEIVING AND RETURNING PRODUCTS
From the moment BM receives your order, the shipping process will begin to the address you entered at the time of registration. Therefore, BM is not responsible for delays or failure to deliver products if the address entered is incorrect or non-existent. The delivery period will start counting from the business day following the date of confirmation of payment and will be in accordance with the parameters defined by the Post Office.
If you need to return or exchange a product, access our Product and Value Exchange and Return Policy and see how to proceed.
8. CANCELLATIONS
If you need to cancel your order, access our Product and Value Exchange and Return Policy and see how to proceed (Item 4).
We remind you that, depending on the case, we may withhold part of the payment on account of incidental fees and charges.
9. NETWORK AND DEVICES ACCESS
You are responsible for obtaining access to the data network necessary to use the Site. User's mobile network tariffs and fees applicable to data and messages may apply if you use the Site from a device that works with Wi-Fi, and you will be responsible for such fees and fees.
You are responsible for purchasing and upgrading compatible hardware or devices necessary to access and use the Site. BM only warrants that the Site, or any part of it, will work on certain hardware or devices if the required compatibility is met. In addition, the Site may experience malfunctions or delays inherent in the use of the Internet and electronic communications.
To keep you informed about your account, BM products and services, in addition to security information, we may send you messages on your registered mobile number.
10. PAYMENT
When you finish choosing the products you want to buy and providing all the information for shipping, you will be sent to the payment area, where you can choose the best method (credit card or bank slip).
By entering your payment information and submitting your order, you authorize BM and our third-party payment processors to charge the order amount to the selected payment method.
You will be responsible for paying the total amount of the order, as well as the cost of shipping and any fees that payment methods and credit card companies may eventually charge.
BM may provide promotional discount coupons, which will be informed to Users.
11. JURISDICTION
BM will spare no effort to resolve any problems you may have with our Site.
However, if there is no amicable and extrajudicial solution, you agree that the competent forum to resolve any dispute relating to these Terms or the Privacy Policy, to the exclusion of any other, will be the Central Forum of the District of São Paulo/SP.